Counterfeit detection system and method

ABSTRACT

An anti-counterfeit system comprises an item with at least one marker affixed thereto. The marker comprises a chemical signature having at least one chemical, and indicates the source of the item. The marker is detectable in the item to reveal whether the item is authentic or counterfeit. In at least one embodiment, the marker comprises a chemical signature that is unique to a particular entity and is affixed to items authentic to that entity. Further, a method of determining the authenticity of an item comprises isolating an item for testing, determining the presence of a marker, analyzing the marker for a chemical signature, comparing the results of the analysis to a chemical signature unique to a particular entity, and determining from the comparison whether the item is authentic or counterfeit. In some embodiments, the method further comprises quantifying the results of the analysis, such as the chemical(s) discovered therein.

CLAIM OF PRIORITY

The present application is a continuation-in-part application ofpreviously filed, now pending application having Ser. No. 13/211,888,filed on Aug. 17, 2011 incorporated herein by reference.

BACKGROUND OF THE INVENTION

1. Field of the Invention

This invention relates to the identification and deterrence ofcounterfeit items. More specifically, the present invention relates tothe use of a tag or tags to distinguish between authentic andcounterfeit goods.

2. Description of the Related Art

Though imitation is said to be the highest form of flattery, thenegative effects that imitation can have on the commercial success andreputation of the owner of an original or authentic item which itcopies, counterfeits, or forges is anything but flattering. Counterfeititems are often made of inferior materials and poor quality, and sellfor a fraction of the cost of the authentic items they mimic. Forgerstake advantage of the reputation, popularity, and desire for authenticgoods in order to turn a profit by selling imitation counterparts. Inthe process, the owner of the authentic items loses potential sales andthe cost of research, development and advertising for the authenticitem. The owner may even suffer a tarnished reputation and dilution as aresult of the sub-standard counterfeit items. Even counterfeit itemsthat are not egregiously fake detract from sales of authentic items, andthe lower quality may be discovered by a consumer after purchase.

Counterfeit items range from the blatantly obvious to the innocuouslyconvincing. Some are clearly fake and of significantly lower quality,and may even be purchased despite such knowledge. Some, however, appearto be genuine, perhaps even upon close inspection, but are actually fakeand not made by the real owner. The latter type of counterfeit item isparticularly troublesome, as it is harder to detect, and therefore,deter. It also causes direct damage to the owner of the authentic item,as reasonable purchasers could buy a fake thinking it is genuine.

As expected, many attempts have been made over the years by owners ofauthentic items to identify their products in such a way as to indicatethe source origin and distinguish genuine items from counterfeits. Forexample, trademarks and trade names are used to indicate source origin.Tags and labels bearing trademarks or company names are often affixed toan item or its packaging to indicate its authenticity. However,counterfeiters can forge a trademark, or create a modified trademarkthat passes as the authentic trademark upon casual inspection, or even aspin-off of the trademark that plays on its familiarity.

Some owners have attempted to add an identifying mark to an item toindicate the source of the item and distinguish it from fakes. Forexample, cattle were branded with a rancher's unique mark. Letters havebeen sealed for centuries with a unique sign or insignia to indicate theorigin and authenticity of the sealed document. However, the physicalitems which make such marks could easily be stolen or duplicated,thereby allowing a counterfeiter to operate under the guise ofauthenticity. More recently, watermarks have been added to paper money,documents, and software. These marks, however, can be forged, albeit bya skilled forger.

As counterfeiters become more adept at forgery, it becomes moredifficult to detect fake goods. While it may not be possible toeradicate counterfeiting, the field is in need of stringent protectionagainst counterfeiting that makes copying so difficult, complicated,and/or costly as to deter potential counterfeiters. Additionally, arigorous way of identifying authentic items is also needed to sort outthe close counterfeit items from the genuine ones.

SUMMARY OF THE INVENTION

The present invention is directed to an anti-counterfeit system andmethod of determining the authenticity of an item that utilizes amarker(s) having a specific chemical signature unique to an owner ofauthentic goods and which is affixed to an item(s). The marker(s) isdetectable in the item(s), which can be analyzed to identify thecomponents of the signature and verify the authenticity of the item, andthereby distinguish counterfeit and non-authentic items.

Specifically, the anti-counterfeit system comprises an item to which atleast one marker is fixed. The marker comprises a chemical signaturethat indicates the source or origin of the item. The marker isdetectable in the item on which it is fixed to reveal whether the itemis an original (authentic) or a counterfeit.

In at least one embodiment, the marker comprises a chemical signaturehaving at least one chemical, and the signature is unique to aparticular entity. Moreover, the marker is affixed to items that areauthentic or original to that entity. Accordingly, the marker isdetectable therein, such as by analysis of the item and marker, and theitem is identified as authentic.

In at least one other embodiment, a forged marker having a chemicalsignature, but one that does not match the precise unique chemicalsignature of a proprietary entity, is affixed to an item. Accordingly,analysis of the item reveals the fake marker and forged signature, andthe item is identified as a counterfeit.

The unique and specific chemical signature of the marker is useful indetermining whether an item is authentic or counterfeit. In at least oneembodiment, the chemical signature comprises at least one chemical in apredetermined amount or concentration. In some embodiments, the chemicalsignature comprises a plurality of chemicals present in particularamounts or concentrations, or in a specified ratio. In some embodiments,the chemical(s) is biogenic, such as of recent plant origin. In someembodiments, the chemical(s) contains at least one isotope, which can bestable, unstable or radiogenic, and/or multiple isotopes present in aparticular ratio. In still other embodiments, the chemical(s) is ananalogue. In further embodiments, the chemical(s) comprises anelement(s). In additional embodiments, the chemical signature comprisesa combination of the above.

The present invention is also directed to a method of determining theauthenticity of an item, which includes isolating an item to be tested,determining the presence of a marker(s), analyzing the marker(s) toidentify a chemical signature if present, comparing the results obtainedfrom the analysis with a chemical signature(s) that is unique to aparticular entity, and determining from the comparison whether or notthe item is authentic to that particular entity. In at least oneembodiment, the method also includes quantifying the results of theanalysis of the marker(s). In some embodiments, quantifying the resultsincludes quantifying at least one chemical found upon analysis of themarker. Moreover, quantifying can include quantifying to a preciseamount and/or to a predetermined level of specificity. In someembodiments, quantifying occurs by radiometric analysis. In at leastsome embodiments of the present method, determining the authenticity ofan item comprises matching a known value within an authentic item to theamount measured within the analyzed material.

In at least one embodiment, the marker(s), and specifically its chemicalsignature, is used as an identifier to provide information ofauthenticity and source origin of the item, such as when the presence ofa marker(s) on an item is not known prior to analysis. However, inanother embodiment, the marker(s) can be used as a trace to follow itemsthrough the stream of commerce or other movement or transit, such aswhen a marker(s) is known to be affixed to a particular item.

These and other objects, features and advantages of the presentinvention will become clearer when the drawings as well as the detaileddescription are taken into consideration.

BRIEF DESCRIPTION OF THE DRAWINGS

For a fuller understanding of the nature of the present invention,reference should be had to the following detailed description taken inconnection with the accompanying drawings in which:

FIG. 1 is a composite view including schematic representation of theanti-counterfeit system of the present invention.

FIG. 2 is a schematic representation of various embodiments of thechemical signature of the marker comprising different chemicals.

FIG. 3 is a schematic representation of various embodiments of thechemical signature of the marker comprising different isotopes.

FIG. 4 is a schematic representation of the chemical signature of themarker comprising a plurality of chemicals of differing concentrations.

FIG. 5 is a diagram of one embodiment of the method of the presentinvention.

FIG. 6 is a diagram of various steps of quantifying the method in accordwith the embodiment of FIG. 5.

Like reference numerals refer to like parts throughout the several viewsof the drawings.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT

The present invention is directed to an anti-counterfeit system andmethod of determining the authenticity of an item that utilizes a markerhaving a specific chemical signature or signatures unique to an owner ofauthentic goods and which is affixed to an item(s). The marker(s) isdetectable in the item(s), and can be analyzed to identify thecomponents of the signature and verify the authenticity of the item,thereby distinguishing counterfeit and non-authentic items.

Specifically, the present invention is directed to an anti-counterfeitsystem 10, as depicted schematically in FIG. 1. The anti-counterfeitsystem 10 comprises an item 12 that is authentic to a particular entity14, as well as a marker 16 having a chemical signature 18 that is uniqueto at least one particular entity 14. This marker 16 is fixed to atleast a portion of the item 12 and is detectable in the item 12 toverify its authenticity. The chemical signature 18 of the marker 16comprises at least one chemical 24, shown in FIGS. 2 through 4, andenables positive identification of the item 12 as authentic to aparticular entity 14.

More in particular, and as shown in FIG. 1, the item 12 is any genuineor authentic article that is specific to a particular entity 14 andwhich is subject to the possibility of forgery or counterfeit activity.The item 12 is designed, manufactured, commissioned, ordered, orotherwise owned or controlled by the particular entity 14 to which it isauthentic. For example, in at least one embodiment, the item 12comprises, but is not limited to, an article of manufacture, such as anarticle of clothing, painting, paper document, accessory, or othermanufactured item. In at least one other embodiment, the item 12 is afood product that may be consumed by people or animals, such as food,beverages, condiments, spices, dietary supplements, vitamins, medicines,or pharmaceuticals. In still another embodiment, the item 12 is a plantor plant product, such as a genetically modified or selectively bredspecies, fruit, flowers, or seeds. Moreover, the item 12 may be ownedand/or subject to protective rights held by the particular entity 14,including property rights and/or intellectual property rights, such astrademark, copyright, patent and/or trade secret.

The particular entity 14 is any entity, such as a company, organization,or legal individual having a proprietary item or items they wish toprotect from counterfeiting or forgery. For example, in at least oneembodiment the entity 14 is a corporation, partnership, limitedliability corporation, closely-held proprietorship, start-up company,organization, legal individual, or even a person, entrepreneur, orprivate business owner. In another embodiment, the entity 14 isdomestic, foreign, international, or a parent, subsidiary or affiliateof another entity. In still other embodiments, the entity 14 is afor-profit, non-profit, or a charitable organization. Moreover, in atleast one embodiment the entity 14 is a company that sells items 12,either through retail, wholesale, or distributors. In anotherembodiment, the entity 14 is a manufacturer of the items 12. In still afurther embodiment, the entity 14 is a manufacturer of the marker 16.

As shown in FIG. 1, the marker 16 of the present system 10 comprises achemical signature 18 that is unique to at least one particular entity14. For example, in at least one embodiment, each particular entity 14has its own marker 16 having a unique chemical signature 18 that isspecific only to that particular entity 14. In at least one otherembodiment, as shown in FIG. 1 and described in further detailhereinafter, there are a plurality of entities 14, 14′, 14″ each havingits own particular marker 16, 16′, 16″ with a unique chemical signature18, 18′, 18″, respectively. In at least one other embodiment, one marker16 is indicative of a plurality of entities 14 (not shown), such as afamily of related entities, or all the entities associated with amanufacturer of the marker 16.

The marker 16 may be of any state of matter, such as a gas, solid, orliquid, so long as it is capable of being fixed to, directly associatedwith, or interconnected to an item 12, as described in greater detailhereinafter. For example, and for illustrative purposes only, in atleast one embodiment the marker 16 is a liquid that is mixed with and/orapplied to the item 12, such as mixed with paint that is applied to acanvas, or mixed into dye that is applied to a textile. In at least oneother embodiment, the marker 16 is a solid such as a polymer or fiberthat is woven in with clothing, or thread that is used in stitchingfabric, attaching a label or tag, or embossing a logo on an item 12. Instill another embodiment, the marker 16 is a gas to which the surface ofan item 12 is subjected so that the marker 16 sediments, precipitates,adheres, absorbs, or affixes to at least a portion of the item 12. In atleast one further embodiment, the marker 16 is a mixture, and may beheterogeneous, such as a suspension, or homogeneous, such as a colloid.In one embodiment the marker 16 comprises a plurality of phases, such asa discrete and continuous phase. In at least one embodiment the marker16 is an aerosol, gel, emulsion, foam, or sol. For example, in oneembodiment the marker 16 is a liquid aerosol spray that is applied tothe surface of an item 12. The above are examples only, and are notintended in any way to limit or restrict the contemplated forms themarker 16 can take.

In the present system 10, the marker 16 is fixed to or associates withat least a portion of the item 12, as depicted schematically in FIG. 1.Specifically, the marker 16 is fixed to a predetermined location on theitem 12 as decided by the proprietary entity 14, so that later tests forauthenticity of suspect items can be directed to the location on thesuspect item where the marker 16, if present, is known to exist. Forexample, in one embodiment the marker 16 is fixed to the thread that isused for stitching, in which case only the stitching thread need beanalyzed for the presence of marker 16 and/or chemical signature 18. Inanother embodiment, the marker 16 is fixed to a tag on the item 12, suchthat only the tag need be analyzed for the presence of the marker 16and/or chemical signature 18. Further, in at least one embodiment themarker 16 is fixed to a predetermined location on an item 12 in aninconspicuous manner, such that it is not obvious where the marker 16 islocated. Since the proprietary entity 14 knows the location of themarker 16 on authentic goods but counterfeiters do not, an unobviousmarker 16 makes forging or counterfeiting such items 12 that much moredifficult.

Moreover, the marker 16 is fixed to an item 12 in any manner thatpermits retention of the marker 16 at the applied location, and may bepermanent or semi-permanent. For example, as described previously, in atleast one embodiment the marker 16 is sewn into the item 12, such as athread being sewn into a textile. In another embodiment, it is adheredto the item 12, such as by application of a stain or dye to fabric. Inanother embodiment it is mixed in with paint or an aerosol spray, sothat when applied to an item 12 and allowed to dry, the marker 16remains fixed to the item 12. It should be appreciated that these aremerely examples and are not intended to be an exhaustive list of waysthe marker 16 may be fixed to an item 12.

Though the marker 16 is fixed to or associated with the item 12, in atleast some embodiments at least a portion of the marker 16 is removabletherefrom. For example, in one embodiment the marker 16 comprises aphysical form that can be cut, ripped, torn, or otherwise separated,whereby one portion of the marker 16 is removed from the item 12 and maybe tested for authenticity, and the other portion(s) of the marker 16remains attached to the item 12. In one embodiment, removal of a portionof the marker 16 is obvious and may be readily determined uponinspection of the item 12. In another embodiment, the removal of aportion of the marker 16 is not obvious.

The marker 16 of the present system 10 is further detectable in the item12 and amenable to analysis in order to verify the authenticity of theitem 12. Accordingly, suspect items, or portions thereof, can beexamined and analyzed for the presence of a marker 16 and/or a specificand unique chemical signature 18, and any article that does not carrythe particular marker 16 and/or chemical signature 18 bearing the markof authenticity can therefore be revealed as unauthentic or counterfeit.

For example, FIG. 1 shows one embodiment of the present system 10 inwhich a plurality of entities 14, 14′, 14″ each have their own specificmarker 16, 16′, 16″ and unique chemical signature 18, 18′, 18″,respectively. A suspect item 12 may be examined to reveal the presenceof a particular marker 16 and unique signature 18 attached to that item12. Since this marker 16 and signature 18 match that of one entity 14,the item 12 is genuine to that entity 14. It should be evident from FIG.1 that item 12 is authentic only to one particular entity 14, and notother entities 14′, 14″. Another item 12′ may be suspected, and analysisof this item 12′ reveals the detection of a different marker 16′, aswell as a different unique chemical signature 18′. Since this marker 16′and signature 18′ are unique to entity 14′, the analysis reveals item12′ to be an authentic item of entity 14′.

Other suspect items, on the other hand, may appear to be authentic whenin fact they are not. For example, FIG. 1 shows an item or product 20that appears at first blush to be genuine, and even has a marker 21appearing to match a particular entity 14. Closer inspection andanalysis, however, reveals that marker 21 lacks the appropriate andunique chemical signature for the entity 14, and so product 20 isactually a counterfeit. Similarly, product 20′ has a marker 21′ thatpurports to be genuine for another entity 14′, but it too lacks theunique chemical signature required to prove authenticity, having adifferent chemical signature. Accordingly, the product 20′ iscounterfeit and is not authentic to entity 14′. Some products 22,however, have no marker at all, fake or otherwise. Such products 22 aresimply not authentic, and may or may not be counterfeit—that is to say,they may or may not be tried to be passed off as a genuine article of aparticular company.

Accordingly, detection and analysis of a marker 16 and the chemicalsignature 18 contained therein is utilized to verify the authenticity ofan item 12. Since the particular marker 16 and unique chemical signature18 have been predetermined and specifically applied to authentic items12, such as to precise locations, an owner of the authentic items 12will know where to look for its particular marker 16 on suspect items,and what methods of detection will reveal its particular marker 16 andsignature 18.

Indeed, with reference to FIG. 1, at least one embodiment of the presentsystem 10 comprises an item 12 or product 20 to which at least onemarker 16, 21 is affixed. This marker 16, 21 comprises a specificchemical signature that indicates the source or origin of the item 12 orproduct 20, and includes at least one chemical. This marker 16, 21 isfurther detectable on the item 12 or product 20 on which it is fixed orassociated to reveal whether the item 12 or marker 20 is authentic (asin the case of an item 12), or counterfeit (as in the case of a product20). This embodiment of the present system 10 encompasses not onlygenuine items 12 having authentic markers 16, but also counterfeitproducts 20 having a forged marker 21. A forged marker 21 is one whichattempts to mimic, but fails to faithfully reproduce, a genuine marker16.

The present system 10 contemplates the marker 16 being detectable in anitem 12 by a variety of methods, limited only by the nature andcharacteristics of the chosen marker 16 and chemical signature 18. Forexample, in one embodiment, the marker 16 comprises a fluorescentchemical added to the thread that is used to sew jeans together. In thiscase, the marker 16 is detectable by shining a black light, orultraviolet (UV) light, on the stitching of the jeans, which willfluoresce where the marker 16 is present. In another embodiment, themarker 16 comprises a compound of a known isotopic ratio, such as theratio of carbon-13 to carbon-12 (¹³C/¹²C), and is applied to the fabricof the jeans. In this case, the marker 16 is detectable by analyzing it,or a portion of it, within at least a sample of the jeans in an isotoperatio mass spectrometer or equivalent device to reveal the isotopicratio of the marker 16, such as its ¹³C/¹²C ratio.

In another embodiment, the marker 16 comprises an element, such asmetal, added to the thread used to sew the tag onto a pair of jeans. Inone example, the element is copper, and may be present in trace amounts.In this case, a sample of the thread is analyzed by scanning electronmicroscopy/energy dispersive electron spectroscopy (SEM/EDS) to revealthe presence or absence of a mineral or metal, such as copper, and theapproximate concentration of the element contained therein. In stillanother embodiment, the marker 16 is a mixture of a biologically-derivedchemical and a petrochemical in predetermined and known concentrations,and is applied to the thread of a pair of jeans. In this case, themarker 16 is detectable by analyzing the thread by radiometric analysis,such as radiocarbon analysis using a particle accelerator to reveal theratio of carbon-14 (14C) to stable carbon (carbon-12 or carbon-13)present in the sample, which can only be attributable to thebiologically-derived chemical, and therefore provides information of themixture of chemicals comprising the signature 18. This particular andprecise ¹⁴C ratio is the unique chemical signature 18 of the marker 16.In another example, the marker 16 is detectable in an accelerator massspectrometer to reveal the precise amount of ¹⁴C in the marker 16, whichis its unique chemical signature 18. The above embodiments arerepresentative examples and should not be construed as limiting thesystem 10 of the present invention in any way.

Moreover, some embodiments comprise the use of only one marker 16. Otherembodiments contemplate the use of a plurality of markers 16 on the sameitem 12, in which case the markers 16 and chemical signatures 18 may befixed to different locations on the item 12, or may be fixed to the samelocation but comprise different characteristics, qualities, and/oraspects, such as that detection of the various markers 16 occurs bydifferent methods. That is to say, the markers 16 can be used singularlyor in combination, yielding various levels of protection fromcounterfeiting. For instance, a system 10 having a single marker 16 of aunique chemical signature 18 offers a high degree of protection, as aprospective counterfeiter would have to learn of and mimic the precisemarker 16 and signature 18 of an item 12 to make a counterfeit product20 that has a possibility of passing as authentic. However, a system 10with a plurality of markers 16 each having their own chemical signature18 offers added protection, since a counterfeiter would have to attemptto forge multiple levels of protection to avoid detection.

As can be appreciated from the above description, the chemical signature18 of the marker 16 identifies the source origin of the item 12. In atleast one embodiment, the chemical signature 18 is specific and uniqueto an owner of authentic goods, such as an entity 14. The presence orabsence of the chemical signature 18, and its composition, thereforedetermines whether an item 12 is authentic, unauthentic, or counterfeit.In the present system 10, generally shown in FIG. 2, the chemicalsignature 18 comprises at least one chemical 24. “Chemical” is definedas a substance used in chemistry or resulting from a chemical process.Accordingly, the at least one chemical 24 can be a single element, amolecule, a compound or other mixture. The at least one chemical 24 canalso comprise anhydrous or hydrate varieties of chemicals. In oneembodiment, the at least one chemical 24 includes atoms, ions, ormolecules that are associated in weak chemical combination with the atleast one chemical 24, such as hydrates.

With particular reference FIG. 2, the at least one chemical 24 of theunique signature 18 is any chemical that is capable of being fixed to,or associated with, an item 12 and later detected and/or analyzed inthat item 12. For example, in one embodiment the chemical 24 is uniqueor proprietary and of sole-source production and/or limited access.Accordingly, in this example the mere presence of this chemical 24 inthe marker 16 is the unique chemical signature 14. It should be notedthat in such an embodiment, the company producing or owning the rightsto the proprietary chemical 24 may or may not be the same as the entity14 for which the chemical 24 is used in a unique chemical signature 18.

In another example, the chemical 24 may have specific properties thatenable easy detection. As mentioned previously, the chemical 24 in oneembodiment is fluorescent and is detectable under the appropriatewavelength of light. In other embodiments, the chemical 24 is notnecessarily fluorescent, but nevertheless only visible at a particularwavelength of light, or only after treatment with a particular reagent.In at least one embodiment, the chemical 24 is elemental. “Elemental” asused herein means comprising an element, such as can be found on theperiodic table of elements. It is contemplated that the element(s) whichcomprise the chemical 24 can be solid, liquid, or gas; they may bereactive or inert; they may be metallic or non-metallic. For example, inone embodiment the chemical 24 comprises copper metal. In otherembodiments, the chemical 24 is aluminum, nickel, titanium, sodium,potassium, calcium, palladium, etc. In another embodiment, the chemical24 is not a single element, but rather an alloy, such as brass, bronze,steel, etc. In still other embodiments, the chemical 24 is elemental butnon-metallic, such as sulfur, chlorine, fluorine, silicon, etc.

The chemical 24 can be any chemical, and may be organic or inorganic;complex or simple; acidic, basic or neutral; charged or uncharged;chiral or achiral; biological or non-biological, etc. In at least oneembodiment, as depicted schematically in FIG. 2, the chemical 24′ is ananalogue. “Analogue” is defined herein as a chemical that isstructurally similar to another chemical which it mimics, and yet isidentifiably distinct therefrom. For example, in one embodiment, theanalogue is labeled, such as with green fluorescent protein (GFP). Incontrast, the chemical to which it is an analogue is structurally thesame but lacks the GFP label. In this embodiment, the marker 16 isdetectable by fluorescence of the GFP label, present only in thechemical 24′ analogue. In another embodiment, the chemical 24′ analogueis a derivative chemical or compound derived from a similar precursorchemical or compound. For example, a nitrogen atom in a precursorchemical may be replaced with a sulfur atom in the analogue 24′, but theremainder of the chemical is structurally the same. These chemicalanalogues 24′ often have different chemical or physical properties fromthe precursor chemical, and can therefore be detected and distinguishedtherefrom.

In still another embodiment, the chemical 24″ is a particular kind ofanalogue that is derived or made from different source material than itsstructural counterpart. As depicted schematically in FIG. 2, in at leastone embodiment the signature 18 comprises a chemical 24″ that isbiogenic. “Biogenic” is defined as a chemical produced from recentlyliving or biological matter, or resulting from a life process.“Recently” or “recent” as used herein means primarily any time sinceapproximately AD 1950 to today, but does not exclude prior years to AD1950. It is used to qualify a period of time other than “fossil”, whichwould be more than 40,000 years ago and indicative of the time of lifeprocess associated with chemicals derived from petroleum (akapetrochemicals). Accordingly, a biogenic chemical 24″ is a chemical thatis made from any natural raw material derived from biologicalincorporation of carbon in recent years. For example, in one embodimentthe biogenic chemical 24″ is Bio-PDO®, which is 1,3-propanediol (PDO)derived from biological matter, specifically corn, rather thanpetrochemicals. Accordingly, Bio-PDO® is structurally the same as PDO,but is chemically distinguishable therefrom by its isotopic content, asdescribed in further detail below. It should be appreciated, however,that Bio-PDO® is just one example of a biogenic chemical 24″ and thatthe invention is not limited to the use of Bio-PDO®, but rathercontemplates and encompasses the use of any biogenic chemical 24″ orbiochemical in the unique chemical signature 18 of a marker 16.

With reference to FIG. 3, in at least one embodiment, the chemical 24 ofthe signature 18 comprises a determinable amount of at least one isotope26. A molecule of PDO is shown in FIG. 3 for illustrative purposes,although it should be understood that any molecule or chemical 24 maycomprise the signature 18, as described above. The isotope 26 can be acommon isotope 26 or a rare isotope 26′, or any combination thereof. A“common” isotope 26 is defined as the isotope occurring predominantly innature. For example, the common isotope of carbon is carbon-12 (C),occurring in 98.8% of all carbon. Other examples of common isotopes 26include oxygen-16 (¹⁶O) and nitrogen-14 (¹⁴N). “Rare” isotopes 26′ aredefined as occurring in nature, but are not the predominant isotope. Forexample, carbon has two rare, or non-predominantly occurring, isotopes:carbon-13 (¹³C), occurring with 1.2% frequency, and carbon-14 (¹⁴C),occurring with 1×10⁻¹²% frequency. Other examples of rare isotopes 26′include oxygen-18 (¹⁸O), oxygen-17 (¹⁷O), and nitrogen-15 (¹⁵N). Itshould be appreciated that the above are illustrative examples ofpossible isotopes 26, 26′ that can be used in the present invention, andshould not be interpreted to limit the invention in any way.

In some embodiments, such as those depicted in FIG. 3, the signature 18comprises at least one chemical 24 having at least one common isotope 26and at least one rare isotope 26′. These can be isotopes 26, 26′ of anyelement, such as carbon or oxygen, as shown. For example, one signature18 shown in FIG. 3 comprises a rare isotope 26′ of carbon, ¹⁴C. Theother signature 18 comprises a rare isotope 26′ of oxygen, ¹⁸O. Whereisotopes are not indicated for a particular element in FIG. 3, it shouldbe understood that the common isotope 26 of that element is referenced.

Moreover, in one embodiment the isotopes 26, 26′, particularly the rareisotopes 26′, are stable isotopes. “Stable” isotopes are defined as notbeing subject to decay. For instance, ¹³C and ¹⁸O are stable isotopes.In another embodiment, at least one isotope 26, 26′ is unstable.“Unstable” isotopes are defined as subject to decay, such as radioactivedecay. For example, ¹⁴C is subject to radioactive decay, having ahalf-life of approximately 5700 years. Specifically, at least oneembodiment of the chemical signature 18 comprises a determinable amountof the rare isotope ¹⁴C. The term “radiogenic” may also be used hereinto refer to compounds, such as isotopes, that are created from,resulting from, or relating to radioactive decay. “Unstable” and“radiogenic” may be used interchangeably.

Importantly, embodiments of the marker 16 that have ¹⁴C, or otherunstable isotope(s), only have amounts of unstable isotope withinnaturally occurring levels. That is to say, the marker 16 is notradioactive, nor does it add radioactivity to an item 12 to which it isapplied. Rather, the marker 16 merely utilizes isotopes 26, 26′occurring in nature and within levels found in nature. “Natural levels”are defined as ranging from 0 percent Modern Carbon (pMC) to 190 pMC.For example, all biological material comprises some degree of ¹⁴C,albeit miniscule and perhaps even undetectable (as for biologicalmaterial removed from a respiring system more then 50,000 years ago).Therefore, embodiments of the marker 16 containing biogenic chemicals24″ as described previously will have some amount of ¹⁴C presenttherein, falling within natural levels, which can be determined byradiometric analysis. Embodiments of the signature 18 comprising amixture of biogenic chemical(s) 24″ and non-biogenic chemical(s) 24,such as petrochemicals, will also contain ¹⁴C, although less than thebiogenic chemical(s) 24″ alone, and attributable entirely to thebiogenic chemical(s) 24″.

Further, in embodiments of the marker comprising at least one unstableisotope 26′, it is important that not only the amount and/orconcentration of the isotope 26′ is known, but also the approximate dateof origination of the marker 16 and/or its components should be known.For example, in the case of a marker 16 comprising precise amounts ofcellulose extracted from tree wood dating to 1963, it is beneficial toknow that the cellulose originated from 1963 in determining not only thesignature 18 of the marker 16, such as the amount of specifically ifmixed with petrochemicals or other chemicals not containing unstableisotopes 26′, but also so that the initial date can accurately becalculated if an item 12 is analyzed for marker 16 hundreds of yearsfrom now. This may be the case for certain applications of the presentsystem 10 on long-lived items 12 in which isotopic decay can be observedover time, such as paintings, sculptures, legal documents, etc. that canpersist for hundreds or thousands of years.

In further embodiments, the signature 18 comprises a plurality ofisotopes 26, 26′ in a known isotopic ratio. For example, in oneembodiment, the signature 18 comprises a biogenic chemical 24″ having acertain ratio of ¹⁴C/¹²C. This ratio may be predetermined by themanufacturer of the marker 16 or the entity 14 in choosing the uniquesignature 18, such as by mixing a precise amount of biogenic chemical24″ with a precise amount of petrochemical or other chemical that lacks¹⁴C. In other embodiments, the ratio is predetermined by nature, such asin the case of using just one chemical that is known to have aparticular amount of ¹⁴C naturally occurring therein. Moreover, in someembodiments, the plurality of isotopes 26, 26′ are differing isotopes ofthe same element. In other embodiments, the plurality of isotopes 26,26′ are isotopes of different elements. For example, in one embodiment achemical signature 18 requires a specific amount of ¹⁴C and a specificamount of ¹⁸O to be authentic.

Now that the various types of chemicals 24 used in the present system 10have been described, we turn to other aspects of the marker 16. Forexample, as indicated previously, the chemical signature 18 comprises atleast one chemical 24. In at least one embodiment, the chemicalsignature 18 comprises a predetermined amount of at least one chemical24. “Amount” is defined as a quantity of something that is available,determinable, and/or quantifiable. The particular amount of the chemical24 depends on the identity, nature, and characteristics of the chemical24. The specific amount of the chemical 24 in the signature 18 is at thediscretion of the proprietary entity 14 and/or the manufacturer of themarker 16, and is predetermined before the marker 16 is made and affixedto authentic items 12.

In at least one embodiment, as shown in FIG. 4, the signature 18comprises at least one chemical 24 of a predetermined concentration.“Concentration” is defined as the amount per volume, and is ameasurement of strength. For instance, in one embodiment the at leastone chemical 24 is present as 5 parts per million (ppm). In anotherembodiment, the at least one chemical 24 is present at a concentrationof 0.1 micrograms per milliliter (μg/mL). These are merely illustrativeexamples and are not meant to limit the invention in any way.

Similarly, in at least one embodiment, the marker 16 comprises at leastone chemical 24 present to a predetermined level of specificity.“Specificity” is defined as a certain number of decimal places orsignificant figures. Accordingly, the marker 16 can comprise a veryprecise chemical signature 18, so that even small differences willreveal a forgery. For example, in one embodiment the marker 16 contains0.0134 grams copper, such that a sample tested showing 0.0130 gramscopper does not match the precise signature 18 of the marker 16, and istherefore a counterfeit.

Moreover, and returning to FIG. 4, at least one embodiment of the marker16 comprises a mixture of a plurality of chemicals 24, each beingpresent in a predetermined amount and/or concentration. In furtherembodiments, each of the plurality of chemicals 24 is present to apredetermined level of specificity. For example, in one embodiment amarker 16 comprises 5% Bio-PDO® and 95% PDO. In other embodiments, themarker 16 comprises a plurality of chemicals 24, and the signature 18 isthe ratio of one chemical 24 to another chemical 24 within the marker16. The ratio may compare the amounts or concentrations of chemicals 24,depending on how the signature 18 is defined by the entity 14 and/ormanufacturer of the marker 16. In still other embodiments, the signature18 comprises a plurality of chemicals 24, such that the marker 16comprises a mixture of at least one biogenic chemical 24″ and at leastone non-biogenic chemical 24 in a predetermined ratio. In anotherembodiment, the marker 16 includes a mixture of at least one biogenicchemical 24″ and at least one non-biogenic chemical 24 of predeterminedamounts and/or concentrations.

Notably, when the marker 16 is manufactured for a particular entity 14,the chemical signature 18 is made unique to that entity 14 through theidentities of the chemical(s) 24 contained therein, the precise amountsand/or concentrations in which they are present. That is to say, no twoentities 14 (or families of entities, or manufacturers, if that is howthe signatures 18 are established) will have the same chemical make-upof its marker 16. Each will be unique and different, and so the presenceof a particular marker 16 with a particular signature 18 discovered onan item in the stream of commerce will indicate it is authentic to onlyone particular entity 14. On the other hand, an item in the stream ofcommerce that purports to be a genuine article but is found, uponanalysis, to lack the appropriate marker 16 or signature 18 for theproprietary entity 14, is a counterfeit, as described in further detailbelow.

The present invention is also directed to a method of determining theauthenticity of an item, generally indicated as 50 and illustrated inFIG. 5. The method 50 begins with isolating an item to be tested forauthenticity, as at 51. For example, if an item is suspected of beingcounterfeit, or to verify the authenticity of an item thought to begenuine, a sample item can be isolated in order to test it for thepresence of a marker. In one embodiment, isolating the item to betested, as at 51, comprises removing or separating an item from thestream of commerce, such as pulling a sample pair of jeans off the shelfof a merchant for testing. In another embodiment, isolating the item tobe tested, as at 52, comprises physically removing or separating aportion of the item to be tested, specifically, the portion of the itemwhere the entity's 14 marker 16, if present, is known by the entity 14to be located. For example, the stitching may be removed from a pair ofjeans, or the tag removed from a shirt, or a paint chip excised from apainting, etc. In another embodiment, isolating the item to be tested,as at 51, comprises chemically separating a portion of the item foranalysis. For example, a suitable solvent may be applied to a corner ofa legal document and blotted, so that the marker 16, if present, willdissolve in the solvent and be transferred to the blot paper forsubsequent analysis. In another example, isolation occurs by chemicallyor physically segregating a portion of the item rather than removing it.

The method 50 further comprises determining the presence of a marker, asat 52. In particular, the item is inspected, tested or analyzed todetermine whether a marker exists on the item. This determination can bea general or initial determination, such as to determine whether furthertests should be performed to better evaluate the marker. Accordingly,the determination of the presence of a marker, as at 52, is largelyqualitative in nature.

If a marker is found, the method 50 further comprises analyzing themarker to identify a chemical signature if present, as at 53. Thisanalyzing step can occur by a variety of methods, and depends on thecomposition of the marker 16 and signature 18 in question. The specificcharacteristics of the marker 16 and signature 18 also dictate howdetailed the analysis 53 must be to identify not only if a chemicalsignature 18 is present, but also its components. Accordingly, there aremultiple levels of analysis 53 that can be performed, depending on thelevel of protection afforded by the marker 16. For example, in oneembodiment, analyzing the marker, as at 53, comprises subjecting aportion of the item to a black light or ultraviolet wavelength light.Such analysis 53 will determine if a fluorescent chemical 24 is present,and is useful if the marker 16 and/or signature 18 include a fluorescentchemical 24. However, further levels of protection may be present, andtherefore additional and/or more detailed analyses may be required. Forinstance, in another embodiment, analysis of the marker, as at 53,comprises subjecting a portion of the item containing the marker, or anextract thereof, to analytical chemical methods to identify thechemical(s) 24 present in the sample. Some such analytical chemicalmethods include spectroscopic analysis, such as Fourier transforminfrared spectroscopy (FTIR), mass spectroscopy, such as gaschromatography-mass spectroscopy (GC-MS), nuclear magnetic resonancespectroscopy (NMR), as well as other analytical methods, such asextraction, distillation, conductivity, chromatography, andelectrophoresis. In at least one embodiment, analyzing the marker, as at53, occurs as a blind analysis, meaning that the technicians performingthe analysis do not know the composition of the marker 16 or itssignature 18. Therefore, the technicians will report only what is foundin the analysis, and will not be swayed or biased to report what is oris not in the marker 16 or signature 18. In still another embodiment,analysis of the marker, as at 53, occurs by microscopy, which can beuseful in determining the existence of particular metals or minerals ina sample that may be known to be present in a given marker 16. Forinstance, SEM and/or EDS can be used to determine the presence ofminerals and trace elements, such as copper. In at least one otherembodiment, isotopic analysis is performed to determine the presence ofparticular isotopes, such as ¹⁴C. In some of these embodiments, such asanalysis for the presence of ¹⁴C, the identification of biogenicchemicals can also be achieved, since only biogenic chemicals willcontain ¹⁴C.

The method 50 further comprises comparing the results obtained from theanalysis with a chemical signature unique to a particular entity, as at54. More in particular, once an item 12 has been tested, its marker 16analyzed and the chemical signature 18 therein identified (if anyexist), the particular array of chemicals discovered in the testedmarker (or lack thereof) are compared to the chemical(s) known tocomprise a chemical signature 18 unique to a given entity 14. The degreeof identity between the marker and signature of the tested item with themarker 16 and signature 18 of the entity 14 will provide information onthe authenticity of the tested item. For example, if a particular itemis suspected of being a counterfeit of items proprietary to Company A,and Company A has its own specific marker 16 of a unique chemicalsignature 18, then the results of the testing and analysis of thesuspected item are compared to the marker 16 and chemical signature 18for Company A. It should be appreciated that in order to accomplish thecomparison step 54, the marker 16 and chemical signature 18 of aparticular entity 14 to which comparison is made should be known.

The method further comprises determining from the comparison whether ornot the item is authentic to the particular entity, as at 55.Specifically, once analysis of the marker of a suspected item iscomplete and the results are compared to a particular marker 16 andchemical signature 18 of an entity 14, the degree to which the analysisresults match the chemical signature 18 of the marker 16 will indicatewhether the tested item is authentic or counterfeit. For example, if atested item has all the same compounds of Company A's marker 16 andchemical signature 18, then it can be determined that the tested item isauthentic. If the tested item reveals only some, but not all, of thecompounds of Company A's marker 16 and signature 18, then it can bedetermined that the item is a counterfeit. Similarly, if the tested itemcontains none of the compounds of Company A's marker 16 or signature 18,but visually appears to be an item proprietary to Company A, then it canalso be determined that the item is counterfeit. However, if it does notappear to purport to be a Company A item, then it is simply inauthentic.

In at least one embodiment, the present method 50 further comprisesquantifying the results of the analysis of the marker, as at 60, shownin FIGS. 5 and 6. This step is particularly useful in embodiments wherethe chemical signature 18 of the marker 16 to be compared againstcomprises specific amounts or concentrations of chemical(s) 24.Accordingly, a quantitative analysis is needed to adequately compare theresults of the tested marker against the known marker 16. Quantificationcan occur by any method and with the use of any instrumentation thatwill yield a quantitative measurement of the particular chemical(s) 24in the tested marker, in view of what is known to be in the marker 16 tobe compared against. For example, in one embodiment quantifying occursby extracting and separating the chemical(s) 24 from the tested sample,and determining the mass of each, such as by drying the chemical(s) 24and weighing them. In another embodiment, quantifying occurs by SEM/EDS,such as would be appropriate for metal and mineral compositions. Inanother embodiment, quantifying occurs by isotopic measurement, such asto determine the precise amounts of ¹³C and ¹²C and determine the ratioof one to the other.

In still other embodiments, quantifying occurs by radiometricmeasurement, as at 62 and shown in FIG. 6. Radiometric measurement isused to determine the amount of an unstable isotope present in a sample.For example, the amount of ¹⁴C can be determined by radiocarbonmeasurement, such as according to ASTM-D6866 protocol. This isparticularly useful when the sample and known marker 16 contain biogenicchemical(s). Determining the amount of ¹⁴C in a sample is an elaborateand difficult endeavor. Having a marker 16 containing a very specificamount of ¹⁴C provides a high degree of protection, since would-becounterfeiters are far less likely to undertake ¹⁴C analysis todetermine and then create a forged marker due to these obstacles.

Moreover, and with continued reference to FIG. 6, at least oneembodiment comprises quantifying to a precise amount, as at 64. Forexample, in one embodiment, the chemical signature 18 of the marker 16comprises 5% Bio-PDO®. In another embodiment, the chemical signature 18comprises 0.014 milligrams trace copper. Accordingly, the method 50includes a step of determining the precise amount of each componentchemical 24 in the marker 16.

FIG. 6 also shows at least one embodiment wherein quantifying furthercomprises quantifying to a predetermined level of specificity, as at 66.Specifically, in some embodiments the chemical signature 18 of themarker 16 includes one or more chemicals 24 present to a high degree ofspecificity. For instance, as discussed above, in one embodiment thechemical(s) 24 comprising the chemical signature 18 is known to fourdecimal places. In another embodiment, the chemical(s) 24 is present toa particular number of significant figures. In such embodiments,quantification is capable of determining the precise amount orconcentration of each chemical 24 present therein to the predeterminedlevel of specificity required by the signature 18. This can occur by anyquantifying means, mechanism, or instrumentation that is capable ofachieving the required level of specificity and sensitivity to render aproper reading.

Since many modifications, variations and changes in detail can be madeto the described preferred embodiment of the invention, it is intendedthat all matters in the foregoing description and shown in theaccompanying drawings be interpreted as illustrative and not in alimiting sense. Thus, the scope of the invention should be determined bythe appended claims and their legal equivalents.

Now that the invention has been described,

What is claimed is:
 1. An anti-counterfeit system comprising: an itemauthentic to at least one particular entity, at least one markercomprising a chemical signature associated with said at least oneparticular entity, said chemical signature comprising at least onebiogenic chemical, said item containing said at least one marker, andsaid at least one marker detectable in said item to verify theauthenticity of said item.
 2. The system of claim 1 wherein said atleast one chemical comprises at least one isotope.
 3. The system ofclaim 2 wherein said at least one chemical comprises a plurality ofisotopes in a known isotopic ratio.
 4. The system of claim 1 whereinsaid at least one chemical is elemental.
 5. The system of claim 1wherein said at least one chemical is an analogue.
 6. The system ofclaim 1 wherein said chemical signature comprises a predetermined amountof at least one chemical.
 7. The system of claim 1 wherein said chemicalsignature comprises a predetermined concentration of said at least onechemical.
 8. The system of claim 1 wherein said chemical signaturecomprises a mixture of a plurality of chemicals in a predeterminedratio.
 9. A biosignature anti-counterfeiting system comprising: an itemauthentic to a particular entity, a marker comprising a predeterminedamount of biogenic chemical, said biogenic chemical comprising1,3-propanediol derived from biological matter, said marker beingassociated with at least one particular entity, at least a portion ofsaid item including said marker, and said marker structured to indicatethe authenticity of said item upon detection.
 10. The biosignaturesystem of claim 9 wherein said marker comprises a determinable amount ofat least one isotope.
 11. The biosignature system of claim 10 whereinsaid at least one isotope is carbon-14 and said determinable amount ofcarbon-14 is within naturally occurring levels.
 12. The biosignaturesystem of claim 9 wherein said marker comprises a mixture of at leastone biogenic chemical and at least one non-biogenic chemical in apredetermined ratio.
 13. A biosignature anti-counterfeiting systemcomprising: an item authentic to a particular entity, a markercomprising a predetermined amount of biogenic chemical, said markercomprising a determinable amount of at least one isotope, said at leastone isotope being carbon-14 and said determinable amount of carbon-14being within naturally occurring levels, said marker being associatedwith at least one particular entity, at least a portion of said itemincluding said marker, and said marker structured to indicate theauthenticity of said item upon detection.
 14. The biosignature system ofclaim 13 wherein said marker comprises a plurality of isotopes in aknown isotopic ratio.